TMI Blog2010 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 434 of the Companies Act the petitioner-company has prayed for an order to wind up the respondent-Company. 2. Petitioner is a private limited Company incorporated under the provisions of the Companies Act and engaged in offering services in the field of design, consultancy, creation of retail market environments, brand development and website design. Respondent is a public limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 19,86,721.85 by the end of July 2008. The three cheques issued by the respondent-Company on 25-8-2008 for Rs. 2,00,000, on 30-8-2008 for a sum of Rs. 2,00,000 and on 2-9-2008 for Rs. 4,00,000 came to be returned with a shara funds insufficient . Though the fact of dishonour of cheques was brought to the notice of respondent-Company, they failed to pay the amounts due under the cheques. Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the entire petition papers. 6. The memorandum of understanding dated 7-6-2008 as per Annexure A is not in dispute. The invoices raised by the petitioner-Company as per Annexure B series are not in dispute. The fact of issuing three cheques for a sum of Rs.8,00,000, dishonour of the said cheques and intimation of the same to the respondent-Company is not in dispute. The respondent-Company i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the respondent-Company is now sealed by the statutory authorities. Even the notice issued from this Court came to be returned with a shara as respondent-Company is sealed. This material on record establishes the fact that the respondent-Company is not functioning and failed to pay the dues to the petitioner-Company. 8. For the reasons stated above, the following : ORDER (i) Petition is hereby ..... X X X X Extracts X X X X X X X X Extracts X X X X
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